What's happening
This bill authorizes the village of Bayville to use certain parkland for a pump station, requiring equivalent parkland replacement or improvements.
Why it matters
Ensures no net loss of public parkland or recreational value. By requiring Bayville to replace or improve parkland of at least equal value, the bill prevents a permanent reduction in public green space or amenities, even as some land is repurposed for infrastructure.
Requires compliance with federal protections. If federal funds were used for the affected parkland, the village must meet federal standards before proceeding, protecting both federal investments and community interests.
Limits the project’s geographic and environmental impact. The bill specifies the exact parcel (about 0.138 acres) that can be used, making clear the scale and location of the change, which helps the public evaluate potential environmental or community impacts.
Sets a precedent for balancing infrastructure needs and public land use. This measure highlights the legal and procedural steps needed when local governments seek to use parkland for critical infrastructure, potentially influencing future land use decisions statewide.
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Who cares
Headline styles
Allow Bayville to Swap Parkland
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.683
- Referred to local government
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7263
IN SENATE
January 5, 2018
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT authorizing the village of Bayville to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subject to the provisions of this act, the village of Bayville, town of Oyster Bay, Nassau county, acting by and through its governing body, is hereby authorized to discontinue the use of waterfront parklands and alienate such lands more particularly described in section three of this act, for the purpose of constructing and maintaining a pump station on such waterfront parklands, and upon such other terms and conditions as determined by the governing body of the village of Bayville.
§ 2. The authorization contained in section one of this act shall take effect only upon the condition that the village of Bayville shall acquire and dedicate an amount equal to or greater than the fair market value of the waterfront parklands being discontinued towards the acquisition of new waterfront parklands and/or towards capital improvements to existing waterfront parkland and recreational facilities.
§ 3. Beginning at a point on the northerly side of Bayville - Center Island Road, at the southeast corner of the herein described parcel, said point being more particularly described as follows: Commencing at the intersection of the westerly side of Pleasant View Drive (Sound Beach Drive) with the northerly side of 10' widening to be dedicated to the County of Nassau for Highway purposes on Bayville - Center Island Road, as it appears on the Map of Bayville Sound Homes, filed October 26, 1967 as case No. 8102; Running thence along the northerly side of said widening, South 49°48'12" West 106.62 feet, to the westerly map line of said map of Map of Bayville Sound Homes;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13648-01-7
S. 7263 2
Thence along said map line, South 21°31'08" East 10.56 feet, to the northerly side of Bayville - Center Island Road, at the Point of Beginning. Running thence along the northerly side of Bayville - Center Island Road, South 49°48'12" West 63.34 feet; Thence North 21°31'08" West 110.00 feet; Thence North 68°28'52" East 60.00 feet, to the westerly map line of Bayville Sound Homes; Thence along said westerly map line, South 21°31'08" East 89.72 feet, to the northerly side of Bayville - Center Island Road, at the Point of Beginning. Containing within said bounds 5,992 square feet (0.138 acres) Basis of bearings is North American Datum of 1983 New York State Plane Coordinate System (NAD83 NYSPCS) Long Island Zone, which differs from the local mapping meridian by a clockwise rotation of 11°45'28".
§ 4. In the event that the village of Bayville received any funding support or assistance from the federal government for the purchase, maintenance or improvement of the parklands set forth in section three of this act, the discontinuance and alienation of such parkland authorized by the provisions of section three of this act shall not occur until the village of Bayville has complied with any federal requirements pertaining to the alienation or conversion of such parklands, including satisfying the secretary of the interior that the alienation or conversion complies with all conditions which the secretary of the interior deems necessary to assure the substitution of other lands shall be equivalent in fair market value and usefulness to the lands being alienated or converted.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act authorizing the village of Bayville to alienate certain parcels of land used as parkland and to acquire other parcels of land to replace such parkland
Purpose
This legislation authorizes the Village of Bayville to alienate certain parcels of land used as parkland.
Summary of provisions
Section one authorizes the Village of Bayville to discontinue the use of waterfront parklands and alienate lands described in Section three of this act for the purpose of constructing and maintaining a pump station.
Section two states that section one of this act will take effect on condition that the Village acquire and dedicate an amount equal to or greater than the fair market value of the waterfront parkland to be alienated.
Section three details the metes and bounds of the property to be alien- ated.
Justification
Historically, the Incorporated Village of Bayville has experienced issues from major storm and extreme rain events, which typically followed with flooding in various parts of the Village. The Village's east end was significantly impacted by flooding during Hurricane Irene and Superstorm Sandy leaving roads, homes, and businesses inundated with water. Floodwaters were unable to drain from these low-lying areas of the Village after the tide receded, which caused major damage to proper- ties, structures, and other problems for residents.
The Village conducted a study and concluded the need to construct a storm water pump station to discharge storm water. This legislation authorizes the alienation of a small piece of parkland, .138 acres, at Soundside Beach for the construction of the pump station.
Legislative history
New bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.